Three Strikes and your out!

by Aaron Black • January 20, 2017
Arizona three strikes lawThe three strikes law also know has a habitual offender in Scottsdale, AZ provides harsher punishment for those that commit a violent felony three times. Enacted in April of 2006, SB1444 requires imprisonment for those convicted of a third felony, and there are only a few exceptions where commutation may be allowed, otherwise, you will not be eligible for suspension of sentence, probation or release.

Felony crime levels without three-strikes enforcement

  • Class 6 felony - Class 6 felony carries a maximum punishment of 2 years in prison, 3 years of supervised probation and a $150,000 fine and surcharges. Class 6 felonies can include charges such as possession of drug paraphernalia, resisting arrest, aggravated DUI, theft and possession of marijuana.
  • Class 5 felony - A class 5 felony offense carries a maximum punishment of 2.5 years in prison, 3 years of supervised probation and a $150,000 fine and surcharges. Some examples of class 5 felony offenses include theft of a credit card, unlawful flight from law enforcement, criminal damage, theft and aggravated assault on a police officer.
  • Class 4 felony - A class 4 felony is punishable by a maximum punishment is 3.75 years in prison, 4 years of probation and a fine of $150,000 plus surcharges. Class 4 felony offenses include aggravated DUI, possession of narcotic drugs, possession of dangerous drugs, misconduct involving weapons, forgery, identity theft and burglary.
  • Class 3 felony - A class 3 felony offense is punishable by up to 8.75 years in prison, 5 years of probation and a $150,000 and surcharges. Examples of class 3 felony offenses include theft of a motor vehicle, aggravated assault, possession of marijuana for sale, theft, burglary, aggravated robbery and trafficking stolen property.
  • Class 2 felony - A class 2 felony offense is punishable by up to 12.5 years in prison, 7 years of probation and a fine of $150,000 plus surcharges. Class 2 felony offenses include possession of narcotic drugs for sale, possession of dangerous drugs for sale, manslaughter, aggravated assault, sexual assault, child prostitution, armed robbery, assisting a criminal street gang, burglary, discharging a firearm, theft and fraudulent schemes.
  • Class 1 felony - A class 1 felony offense is the most serious crime a person can be charged with and is reserved for murder charges only. A class 1 felony carries a minimum of 25 years to life and has a maximum penalty of the death penalty.

Felony convictions that count as a strike

The three strikes law applies to any person convicted of a violent felony with two previous violent felony convictions from separate incidences. Violent crimes include the following.
  • Offenses that included a weapon
  • Arson
  • Burglary
  • Kidnapping
  • Most sexual offense such as rape
  • Assault
Please be aware that the punishment will be harsher compared to those convicted of the same crime but are not facing the mandatory three strikes law in Scottsdale, AZ. Depending on the length of time between felonies, the seriousness of the crime and the order of which the crimes were committed, with the possibility of a third strike against you it goes without saying that you should hire an experienced criminal defense attorney immediately.

To learn more about the three strikes law in Scottsdale, AZ, click here to contact me or call 480-729-1683 for a free consultation today!
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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